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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Talbot and 55th )
FINAL DECISION
Preliminary Plat )
LUA08-043, PP )
The Applicant requests preliminary plat approval for a 17 lot residential subdivision. The preliminary
plat is approved with conditions.
TESTIMONY
Vanessa Dolbee, Renton Senior Planner, stated the application is for a preliminary plat at Talbot and
55th St. The site has been subject to a settlement agreement, MT Development LLC v. Renton. The
agreement vests the project to King County's 2007 code and waives processing and city impact fees.
The site is a vacant lot located in the SE corner of Talbot Road S and S 55th St. It is approximately
2.91 acres and within the urban residential King County Comprehensive plan designation and R-6
zone. The proposal is for 17 lots and 3 tracts with a density of 5.8 dwelling units per acre. The lots
range from 4,000 to 6,900 sq ft. The three tracts are for stormwater drainage, wetland, and open
space. The site contains a 1400 sq ft, category 4 wetland, per King County Code. This wetland
designation requires a 50 ft buffer. A new public road off of S 55th St will provide access to the site.
The project proposes frontage improvements along both Talbot Rd and 55th St with 1300ft of
dedication. An additional 17000ft of dedication would be provided via the new public access road.
The landscape plan was not provided with the application materials. The project is exempt from
SEPA review under King County regulations because it is less than 20 lots. No public or agency
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comments were received. The proposal is consistent with relevant King County Comprehensive
policies and will be compliant with zoning regulations if all of the conditions of the project are
followed. On-site recreation space is proposed at 390sq ft per lot, and a 6,700sq ft of open space tract
is proposed. The applicant did not provide details of the open space, but King County Code requires
two play areas, one being a tot -lot. The project's tree requirement is one for every 40ft of frontage.
Significant trees within the interior of the development should be retained at a rate of 10 trees per acre
or 5 percent, whichever is greater. Based on a site visit, there are very few trees on the property that
meet King County's definition of a significant tree. A wetland delineation report dated March 26,
2012 was prepared and noted that a portion of the on-site wetland extends into the Talbot Rd right-of-
way. There is a planned 50ft wetland buffer; however, the frontage improvements along Talbot Rd
will impact this buffer. This impact requires mitigation of a rate of 1:1. Police and fire staff have
indicated that sufficient resources exist to provide for the new residences. Kent School District can
accommodate any new students as well. New water and sewer lines would be required as part of the
development. An open pond will provide water quality as dictated by 2005 King County Surface
Water Design Manual. Staff recommends approval of the application, subject to the nine conditions
listed in the staff report. Moving the sidewalk to the east would not mitigate the wetland buffer
impact and would require portions of the sidewalk to move off-site. One condition of approval is that
a recreation plan be provided. This plan would include details on the proposed play areas.
Bryan Kaleb, on behalf of applicant, stated that the applicant agrees with all conditions set forth by
city staff.
EXHIBITS
Exhibits 2-14 listed on page 2 of the February 19, 2013 Staff Report, in addition to the Staff Report
itself (Ex. 1), were admitted into evidence during the public hearing. Staff's power point
presentation was admitted as Ex. 15.
FINDINGS OF FACT
Procedural:
1. Applicant. MT Development, LLC.
2. Hearing. The Examiner held a hearing on the subject application on February 19, 2013 in
the City of Renton Council Chambers.
3. Project Description. The applicant requests preliminary plat approval for a 17 lot residential
subdivision. The proposal is vested to 2007 King County development standards per a Settlement
Agreement dated October 9, 2007, MT Development, LLC v. Renton, Ex. 13. The subject parcel is
located in the SE corner of S 55th St. and Talbot Road S. and consists of 2.91 acres. The gross
density of the site would be 5.80 dwelling units per acre. The site is currently vacant, vegetative
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cover consisting mainly of brush and grass. The proposed lot sizes will range from 3,920 SF to
6,919 SF and would include a detention water quality pond in "Tract 999". The proposed plat also
would contain two other tracts for wetlands and open space. The development would be accessed
via a new road dedicated to the City consisting of 18,249 SF, with ingress and egress at S. 55th St.
ending in a cul-de-sac. The applicant submitted a wetland reconnaissance indicating a Category N
Wetland, that will be protected by a 50 foot buffer.
4. Adequacy of Infrastructure/Public Services. The project will be served by adequate
infrastructure and public services. Specific public infrastructure and services are addressed as
follows:
A. Water and Sewer Service. Water and sewer service will be provided by the City of
Renton. There is an existing 12" DI water main located in Talbot Rd S. The
applicant will be required to install an 8 inch DI water main in S 55th St., from Talbot
Rd. S along the full frontage of the parcel being developed to the east property line.
In addition, the applicant will be required to install a 12 inch DI waterline in Talbot
Rd. S. connecting to the existing 12 inch main in Talbot Rd. S. at S. 55th St. and
extend it in Talbot Rd. S to the south property line of the proposed plat. Furthermore,
an extension of an 8 inch main in the new public internal road will be required from
the south end of the cul-de-sac to the west, connecting with the new 12 inch main to
be installed in Talbot Rd. S.
There is an existing 8" sanitary sewer main in S 55th St. and in Talbot Rd S. The
installation of a sanitary sewer main in the new public street is required, in the
approximate vicinity of new Lot 5, extending the main to the west to SSMH #5, thus
eliminating the diagonal run shown on the conceptual sewer plan from SSMH#6
(Exhibit 7). In addition an access road for the City along with an easement shall be
provided from Talbot Rd. S. to allow for a drivable surface to SSMH #3. Staff
recommends this access be provided as a condition of approval. Individual side
sewers will be required to be installed to serve the new lots, dual side sewers will not
be allowed.
B. Police and Fire Protection. Police and Fire Prevention staff indicates that sufficient
resources exist to furnish services to the proposed development. Typically the application
would be required to pay code required impact fees, however due to the settlement
agreement, the applicant is not required to pay fire impact fees.
C. Drainage. Under existing conditions the site drainage infiltrates as the site is currently
undeveloped and forested. The storm drainage and TESC standards for the project are
established by the 2005 King County Surface Water Manual (KCSWM). The
development site is required to meet both detention and water quality improvements.
PRELIMINARY PLAT - 3
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The applicant submitted a Preliminary Technical Information Report ("TIR") prepared by
Insight Engineering Co., dated December 5, 2012 (Exhibit 12). Based on the provided
TIR the applicant is proposing to develop an open pond to meet the detention
requirements and a bio-swale downstream of the proposed detention pond to provide
adequate water quality. The applicant has proposed to tight line the outflow from the
detention facility to the existing storm system in Talbot Rd. S. The project would
maintain the site's natural drainage pattern. A final storm drainage report would be
required to be submitted with formal construction permit application.
D. Parks/Open Space. KCC 21A.14.180 governs the standards for parks and open space. It
requires 390 square feet per lot for the project, totaling 6,630 square feet. The proposal
exceeds this requirement by providing for 6,710 square feet. However, as discussed in
the staff report, the proposed recreation/open space fails to meet maximum grade
requirements and expressly meet other KCC 21A.14.180 code requirements as well.
Since sufficient space is set aside to satisfy open space/recreational requirements, the
more specific requirements of KCC 21A.14.180 can be met by a condition requiring the
preparation of recreation space plan for review and approval by staff.
E. Streets. The applicant proposes to make frontage improvements along Talbot Rd. S and
S. 55th St. as well as to construct a new internal cul de sac. Staff have determined the
proposed street improvements comply with King County Road Design and Construction
Standards — 2007. The improvements include sidewalks and street lighting.
The staff report does not contain any assessment of trip generation or impacts to off-site
traffic facilities. Normally such impacts would at the least be assessed by traffic impact
fees, but those fees have been waived as consideration for the settlement of a lawsuit
pertaining to the project. See Ex. 13. It is understood that City staff likely considered off-
site traffic impacts and did a concurrency analysis. However, since there is no trip study
in the record and no suggestion that off-site impacts were considered, the conditions of
approval will address this issue.
F. Schools. The staff report concludes that it is anticipated that the Kent School District
can accommodate any additional students generated by this proposal at the following
schools. A School Impact Fee, based on new single-family lot, will be required in order
to mitigate the proposal's potential impacts to the Kent School District. The fee is
payable to the City as specified by the Renton Municipal Code. Currently the fee is
assessed at $5,486.00 per single family residence. The settlement agreement waives all
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City fees including impact fees, however the School District fee is not a City fee, but a
School District fee, therefore, the subject impact fee would still be assessed as a part of
the subject project.
5. Adverse Impacts. There are no adverse impacts associated with the proposal. As discussed
in Finding of Fact No. 4, the proposal provides for adequate infrastructure and is served by adequate
public services. There are no critical areas on site except for a Category IV wetland. The wetland has
been delineated and fifty foot buffers have been integrated into the proposal as required by King
County regulations. As noted in the staff report, some Talbot Road frontage improvements do
encroach into the fifty foot wetland buffer, but this type of encroachment is authorized by King
County regulations. As further noted in the staff report, p.8, further wetland impact analysis and
compensation is necessary to assure that the wetland will not be adversely affected by the
encroachment. Since there is adequate space in the proposed plat to accommodate any reasonably
necessary buffer compensation, the analysis and compensation will be made a condition of approval.
Aesthetics of the proposal will be addressed to the extent authorized by applicable regulations by the
imposition of conditions that require tree retention and landscaping plans to ensure consistency with
King County tree retention and landscaping requirements.
Conclusions of Law
1. Authori . RMC 4-7-020(C) and 4-7-050(D)(5) provide that the Hearing Examiner shall hold
a hearing and issue a final decision on preliminary plat applications.
2. Zonin /g Comprehensive Plan Designations. The subject property is vested to the 2007 King
County zoning designation of R-6. See Ex. 13.
3. Review Criteria. As agreed in the settlement agreement that applies to this case, See Ex. 13,
King County development standards in effect in 2007 apply to the proposal. King County
development standards do not segregate discretionary review standards from those that typically
apply during engineering review, but instead simply require compliance with a laundry list of both
discretionary and ministerial standards. See KCC 19A.08.060. One of those standards is Chapter
58.17 RCW, which contains the discretionary level of review standards required of all Washington
cities and counties. In particular, RCW 58.17.110 sets the "adequacy of infrastructure" criterion,
which is the heart of discretionary subdivision review and the one criterion that the King County
hearing examiner focuses upon in its preliminary plat decisions. See, e.g., King County Hearing
Examiner Shultz Preliminary Plat Decision, LOOP0005. Consequently, review of the proposed
preliminary plat will be limited to application of RCW 58.17.110, with the understanding that staff
has found compliance with the other standards identified in KCC 19A.08.060 as far as necessary for
preliminary plat design and that final compliance will be determined and enforced through
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engineering review and the final plat approval process. Further, as discussed in the findings of fact,
the engineering standards of KCC 19A.08.060 are often used to assess the adequacy of
improvements assessed under RCW 58.17.110. It is also determined that the proposal is consistent
with the King County Comprehensive Plan, as determined in the staff report, the findings and
conclusions of which that pertain to the Comprehensive Plan are adopted by this reference as if set
forth in full.
The applicable subdivision criterion, RCW 58.17.110, is quoted below in italics and applied by a
corresponding conclusion of law.
RCW 58.17.110(1): The city, town, or county legislative body shall inquire into the public use
and interest proposed to be served by the establishment of the subdivision and dedication. It shall
determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety,
and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways,
transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools
and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other
planning features that assure safe walking conditions for students who only walk to and from
school; and (b) whether the public interest will be served by the subdivision and dedication.
4. Consistency with RCW 58.17.110. The proposal provides for adequate infrastructure as
required by RCW 58.17.110 as determined in Finding of Fact No. 4. The public interest and public
health, safety and welfare will be served by the proposal because it will not create any significant
adverse impacts as determined in Finding of Fact No. 5, is served by adequate infrastructure and
public services and provides for housing and for the reasonable development of land.
DECISION
The proposed preliminary plat is approved, subject to the following conditions:
1. The open space shall be placed in a separate tract and that tract shall be dedicated to a
homeowner's association or other workable organization acceptable to the director, to
provide continued maintenance of the recreation space tract consistent with KCC
21A.14.200.
2. The applicant shall re -design the grading plan, to provide an open space tract that does
not exceed the 5 percent grade maximum. The updated grading plan shall be submitted
for review and approval by the Current Planning Project Manager, prior to construction
permit issuance.
3. The applicant shall provide a recreation space plan for review and approval by the
Current Planning Project Manager with the construction permit application. The
recreation space plan shall be approved prior to construction permit issuance and shall
comply with all requirements of the King County Code, including KCC 21A.14.180.
PRELIMINARY PLAT - 6
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ast
4. A landscape plan and irrigation plan consistent with KCC 21A.16.115 shall be provided
for review and approval by the Current Planning Project Manager with the construction
permit application. The landscape plan shall be approved prior to construction permit
issuance.
5. The applicant shall redesign the wetland tract to comply with the wetland mitigation
requirements in 21A.24.340 and provide an evaluation prepared by a qualified
professional identifying compliance with the requirements of 21A.24.340 prior to
construction permit issuance. The updated wetland tract and associated mitigation
documents shall be approved by the Current Planning Project Manager prior to
construction permit issuance.
6. An access road and easement shall be provided for the City to Sanitary Sewer Manhole
#3. Such access shall be from Talbot Road S and be constructed of a drivable surface.
Review and approval of the access design shall be completed by the Plan Review Project
Manager prior to construction permit issuance. The access easement shall be recorded
with the final plat.
7. The two private access easements shall be recorded at the time of final plat recording.
8. The applicant shall provide a tree retention plan which is in compliance with the KCC 16-
82-156 for review and approval by the Current Planning Project Manager prior to
construction permit issuance.
9. The wetland tract shall be placed in a Native Growth Protection tract and shall be
recorded on the face of the plat. In addition, a Home Owner's Association shall be
created and each land owner of the subdivision shall have a shared undivided interest in
the NGPE tract.
10. If not done so already, City staff shall ensure that the proposal complies with the City's
concurrency regulations and that all off-site traffic impacts have been adequately mitigated.
DATED this 7b day of March, 2013
r
Phil A. Olbrechts
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
RMC 4-8-110(E)(9) provides that the final decision of the hearing examiner is subject to appeal to
the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision
to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A
request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal
period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). A new fourteen (14) day
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appeal period shall commence upon the issuance of the reconsideration. Additional information
regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7th
floor, (425) 430-6510.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
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